PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 10-10-081.
Title of Rule and Other Identifying Information: Chapter 308-12 WAC, Architects.
Hearing Location(s): Department of Licensing, 405 Black Lake Boulevard, Conference Room 2209, Olympia, WA 98502, on March 22, 2011, at 1:00 p.m.
Date of Intended Adoption: May 6, 2011.
Submit Written Comments to: Kezia Prater, P.O. Box 9045, Olympia, WA 98507, e-mail kprater@dol.wa.gov, fax (360) 570-7098, by March 22, 2011.
Assistance for Persons with Disabilities: Contact Erica Hansen by March 21, 2011, TTY (360) 664-8885 or (360) 664-6597.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rules are necessary to implement ESSB 5529, which changes the requirements for initial licensure for architects by increasing the number of years of experience necessary for some candidates. It also expands the definition of business entities needing licensure. ESSB 5529 adds a new professional development as a requirement for maintaining an individual license.
Reasons Supporting Proposal: The proposed rules will implement changes as a result of the passage of ESSB 5529.
Statutory Authority for Adoption: RCW 18.08.340.
Statute Being Implemented: Chapter 18.08 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Lorin Doyle, Olympia, (360) 664-1387; and Enforcement: Joe Vincent Jr., Olympia, (360) 664-1386.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department of licensing is exempt from this requirement.
A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is not one of the named agencies to which this rule applies. Agencies not named can apply this rule to themselves voluntarily. The department of licensing has chosen not to do this.
February 14, 2011
Walt Fahrer
Rules Coordinator
OTS-3884.2
AMENDATORY SECTION(Amending WSR 07-05-040, filed 2/15/07,
effective 3/18/07)
WAC 308-12-010
How does the state board ((for
architects.)) function?
(((1) Meetings:)) The Washington
state board for architects, hereafter called the board, shall
hold ((its)) quarterly regular public meetings ((annually
during the second quarter of the calendar)) each year. Additional public meetings may be held at such times and
places as the board may deem necessary. ((Notice of all
public meetings will be issued as required by the Open Public
Meetings Act, chapter 42.30 RCW.
(2) Rules of order. The latest edition of Robert's Rules of Order will govern the conduct of business at meetings and sessions of the board.
(3) Officers.)) At ((the)) its regular ((annual public))
meeting during the second quarter of the calendar year, the
board will elect a chair, a vice-chair and a secretary for the
((ensuing)) upcoming year.
(((4) Quorum. A quorum at any regular or additional
meeting or session will consist of four members of the board.
(5) Rule changes. Prior to and during any adoption, amendments, or repeal of any rule, the board of registration will conduct its business in accordance with chapter 34.04 RCW the Administrative Procedure Act.))
[Statutory Authority: RCW 18.96.060. 07-05-040, § 308-12-010, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.08.340. 02-11-082, § 308-12-010, filed 5/14/02, effective 6/14/02. Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-010, filed 10/17/85. Statutory Authority: RCW 18.08.130. 83-04-071 (Order PL 422), § 308-12-010, filed 2/2/83; Order PL-132, § 308-12-010, filed 9/25/72; filed 4/28/67; Rule 1, filed 11/19/64; Rules 2, 4, filed 10/26/62; Rule 1, filed 10/26/62.]
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(2) The board has adopted the National Council of Architectural Registration Boards (NCARB) intern development training program (IDP training requirement) as the board approved structured intern training program. Completion of the training requirements of the intern development program must be validated by the NCARB in a council training record sent to the board office. Completion of the training requirements of the IDP is the equivalent of three years of practical work experience.
(3) Applications for the examination must be accompanied by the application fee for the examination as established by the director and published in chapter 308-12 WAC, architect fees. The application fee to begin the examination process will not be refunded.)) If you are not licensed in another jurisdiction, your combination of education and experience will determine what you need to do to get your license (see the chart below).
| Education type | Accredited professional degree (typically five-year bachelor of architecture or six-year master of architecture) | An equivalent degree, awarded by EESA (education evaluation services for architects) for candidates from a nonaccredited U.S. architectural school or a foreign architectural school | A preprofessional degree in architecture (typically four-years) from a program offering an accredited degree | Postsecondary study in architecture or related fields, with passing grades, in increments of one year, will receive up to three years credit | A degree in architectural technology (typically a two-year community college or trade school degree) | High school diploma or equivalent |
| Practical architectural work experience | Gained during IDP | Two years under the direct supervision of an architect | Three or more years depending on your education credit | Four years | Six years | |
| Three of these years must be under the direct supervision of an architect | ||||||
| IDP | Contact NCARB to find out when you can enroll in IDP | You can't enroll in IDP until you complete the practical architectural work experience | ||||
| When to apply to take the ARE | You can start taking the ARE through NCARB while enrolled in IDP | Apply to the board after you have completed the practical architectural work experience and IDP | ||||
| When can you get your license | Apply to the board after you have completed your IDP and ARE | Apply to the board after you have completed the ARE | ||||
| Additional materials | All candidates must complete the Washington law review | |||||
If you do not have an accredited architectural degree, you must have a high school diploma or equivalent and at least nine years' practical architectural work experience.
(1) You must have at least six years of practical architectural work experience before enrolling in IDP.
(a) At least three of these years must be under the direct supervision of a licensed architect.
(b) The remaining three years can be any combination of the following as approved by the board:
(i) Postsecondary education courses in architecture, architectural technology or a related field.
(A) Related fields may include the following:
(I) Environmental design;
(II) Urban planning;
(III) Landscape architecture;
(IV) Construction management;
(V) Civil engineering;
(VI) Naval architecture;
(VII) Interior architecture;
(VIII) Other fields as determined by the board.
(B) With a passing grade, thirty-two semester credit hours or forty-five quarter hours are considered to be one year. Any fraction, one-half year or greater, will be counted one-half year, and less than one-half year will not be counted.
(ii) Practical architectural work experience may be accrued simultaneously while educational credit is being accrued and will receive credit if it is as follows:
(A) At least thirty-five hours per week for at least ten consecutive weeks - one hundred percent.
(B) At least twenty hours per week for at least six continuous months - fifty percent.
(2) After you complete IDP, apply to the board to take the ARE. When your application is approved, board staff will register you to take the ARE. You will pay the fees for examination and reexamination directly to NCARB.
(3) The board also requires a review of Washington's laws and rules relating to the practice of architecture.
[Statutory Authority: RCW 18.96.060. 07-05-040, § 308-12-025, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.08.340. 98-20-061, § 308-12-025, filed 10/2/98, effective 11/2/98. Statutory Authority: RCW 18.08.350(2). 97-03-121, § 308-12-025, filed 1/21/97, effective 2/21/97. Statutory Authority: RCW 18.08.340. 95-04-080, § 308-12-025, filed 1/31/95, effective 3/3/95. Statutory Authority: RCW 18.08.360. 89-17-038 (Order PM 857), § 308-12-025, filed 8/10/89, effective 9/10/89. Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-025, filed 10/17/85.]
(a) Contact NCARB to register for IDP and the ARE. You will pay the fees for examination and reexamination directly to NCARB.
(b) When you have finished IDP and the ARE:
(i) Have NCARB transmit evidence of your qualifications, experience and successful completion of the ARE, as shown by your council record, directly to the Washington board office.
(ii) Complete the board's official application form with the application fee and initial license fee and submit it to the board office. The application fee is not refundable.
(iii) Complete a review of Washington's laws and rules relating to the practice of architecture.
(2) If you do not have an accredited architectural degree:
(a) Complete the board's official application form with the application fee and submit it to the board office. The application fee is not refundable.
(b) Using the board's application forms, have the licensed architects who have reviewed your practical work experience provide verification of your experience directly to the board office.
(c) Once your application is approved, contact NCARB to register for IDP.
(d) Complete IDP and have NCARB transmit your council record directly to the Washington board office. Board staff will register you for the ARE. You will pay the fees for examination and reexamination directly to NCARB.
(e) Successfully complete the ARE.
(f) Submit the initial license fee to the board office.
(g) Complete a review of Washington's laws and rules relating to the practice of architecture.
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The board adopts the grading procedures prepared by the NCARB.
(1) The test vendor will publish an information guide concerning examination content, locations, schedules, and fees.
(2) An applicant must pass each division of the NCARB examination.
(3) The oral examination is given upon the applicant's completion of the NCARB examination.
The purpose of the oral examination is to test in those areas of knowledge and skill not covered in the NCARB examination.
The oral part of the examination must include a review of the applicant's practical experience, an understanding of the law and the responsibility to safeguard life, health, and property and to promote the public welfare.
The oral examination may be conducted by the full board or by an architect member of the board. The board may set aside the full board examination if the examining board member deems the applicant prepared for registration. If the full board examination is not set aside or if the examining board member fails the applicant, the applicant must then appear for a full board oral examination.
The board may set aside the entire oral examination based upon certification by the NCARB of successful completion of the intern development program. Such applicants shall submit the NCARB Council Record of IDP completion. However, candidates without a National Architectural Accrediting Board degree who have completed the IDP training requirements must have an oral examination. The decision to set aside the oral examination does not affect the requirement to summarize the law and rules pertaining to architecture.
An applicant must successfully complete the entire examination within a five-year period. The five-year period will begin with the month an applicant passes the first division of the examination. Passing scores for any division of the examination may be carried forward for a period of five years from the date the applicant passed that division of the examination. Applicants must retake any division of the examination which was passed more than five years previously, along with any division of the examination not yet passed. The oral examination is part of the entire examination and shall be completed within the five-year period.)) NCARB administers the entire examination for Washington candidates, and collects examination and reexamination fees accordingly. Candidates with an accredited architectural degree may take portions of the examination concurrently while enrolled in IDP. No review or appeal of failed examinations is accepted by the department or the board.
[Statutory Authority: RCW 18.08.340. 02-11-082, § 308-12-031, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 18.08.360(2). 97-03-121, § 308-12-031, filed 1/21/97, effective 2/21/97. Statutory Authority: RCW 18.08.340 and 18.08.360. 90-11-062, § 308-12-031, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW 18.08.360. 89-17-038 (Order PM 857), § 308-12-031, filed 8/10/89, effective 9/10/89; 88-17-085 (Order PM 767), § 308-12-031, filed 8/22/88. Statutory Authority: RCW 18.08.340 and 18.08.360. 88-01-035 (Order PM 694), § 308-12-031, filed 12/11/87. Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-031, filed 10/17/85. Statutory Authority: RCW 18.08.130. 85-05-010 (Order PL 517), § 308-12-031, filed 2/11/85; 84-04-028 (Order PL 458), § 308-12-031, filed 1/25/84; 83-04-071 (Order PL 422), § 308-12-031, filed 2/2/83.]
(1) That such applicant presents evidence that the applicant has satisfactorily completed an examination equivalent to the examination required of Washington state registrants.
(2) Documentation of NCARB certification may be accepted by the board as satisfactory evidence that the applicant's qualifications and experience are equivalent to the qualifications and experience required of a person registered under RCW 18.08.350. Reciprocity candidates who cannot meet the IDP training requirement must have a minimum of two years of experience as a licensed architect.
(3) That the applicant provides a typed summary of chapter 18.08 RCW and chapter 308-12 WAC. The summary must be of sufficient detail to demonstrate a thorough understanding of the law and rules.
(4) That the board will require an oral interview of any candidate for registration by reciprocity, except that the oral interview may be set aside in cases where documentary or other evidence shows sufficient information for the board to reach judgment.
(5) That the architect's current state license is not delinquent or inactive. The current state license cannot be under suspension, disciplinary restrictions, or in process of disciplinary review. Reciprocity applicants are held to the same qualifications as initial applicants for registration.)) If you hold an active architect license in good standing in any jurisdiction recognized by NCARB, you can apply for a Washington license if your qualifications and experience meet one of the following:
(1) You have an NCARB certificate. The board recognizes NCARB certification to include certification through the broadly experienced architect and/or broadly experienced foreign architect programs;
(2) You do not have an NCARB certificate, but you have satisfactorily completed the ARE or an examination as approved by the board, including a test component or licensing requirement addressing seismic structure as determined by the board; and
(a) Have been licensed as an architect nine or more years; or
(b) Have an NAAB-degree and have completed IDP.
[Statutory Authority: RCW 18.96.060. 07-05-040, § 308-12-050, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.08.340. 02-11-082, § 308-12-050, filed 5/14/02, effective 6/14/02; 97-03-121, § 308-12-050, filed 1/21/97, effective 2/21/97. Statutory Authority: RCW 18.08.360. 89-17-038 (Order PM 857), § 308-12-050, filed 8/10/89, effective 9/10/89. Statutory Authority: RCW 18.08.340(1) and 18.08.400. 88-09-066 (Order PM 720), § 308-12-050, filed 4/20/88. Statutory Authority: RCW 18.08.340 and 18.08.350 (3)(a). 86-04-088 (Order PL 579), § 308-12-050, filed 2/5/86. Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-050, filed 10/17/85. Statutory Authority: RCW 18.08.130. 85-05-010 (Order PL 517), § 308-12-050, filed 2/11/85; 84-04-028 (Order PL 458), § 308-12-050, filed 1/25/84; 83-04-071 (Order PL 422), § 308-12-050, filed 2/2/83; Order PL-132, § 308-12-050, filed 9/25/72; Order 691102, § 308-12-050, filed 11/26/69; Rule 9, filed 11/19/64, 10/26/62.]
(a) Complete the board's official application form and submit it to the board office with the reciprocity application fee and the initial license fee. The application fee is not refundable.
(b) Have NCARB transmit evidence of your certification directly to the Washington board office.
(c) Complete a review of Washington's laws and rules relating to the practice of architecture.
(2) If you are licensed in an NCARB-recognized jurisdiction and don't have an NCARB certificate:
(a) Complete the board's official application form and submit it to the board office with the reciprocity application fee and the initial license fee. The application fee is not refundable.
(b) Request certification be sent directly from the issuing jurisdiction to the Washington board office, verifying you have successfully passed the ARE, and:
(i) Have held an active license for nine or more years; or
(ii) Have held an active license for less than nine years and have one or more of the following:
(A) An NAAB-degree and have completed IDP, as shown by your IDP record sent directly to the Washington board office from NCARB;
(B) A combination of education and experience, as shown by:
(I) An official sealed transcript showing any applicable courses you have taken from a community college, technical college, or university. The transcript must be sent directly from the college or university to the board office; and
(II) Verification of practical architectural work experience, on the board's application forms, completely by licensed architects who have reviewed your practical work experience and sent directly to the board office.
(3) Complete a review of Washington's laws and rules relating to the practice of architecture.
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• Failure to submit the required documents and other information requested by the board within five consecutive years from the last date the board requested the documents or other information.
• Failure to provide the board with any written communication during five consecutive years indicating you are attempting to complete the licensing process.
If your application is considered abandoned, it may be archived or destroyed, and you will be required to reapply for licensure and comply with the licensing requirements in effect at the time of reapplication.
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((The following)) You must ((be signed)) sign and
((sealed by the architect:)) seal all technical submissions
required for building permits or regulatory approvals that are
filed with authorities having jurisdiction.
(1) Drawings prepared by ((the architect)) you must be
signed and sealed on each sheet.
(2) Specifications and other technical submissions need only be sealed on the cover, title page, and all pages of the table of contents.
((No architect's stamp or countersignature will be
affixed to)) You must not sign and seal any drawings not
prepared by ((the architect)) you or ((his or her)) your
regularly employed subordinates((, or)) and reviewed by ((the
architect)) you.
((An architect who signs or seals)) By signing and
sealing drawings or specifications ((that he or she has
reviewed is)), you become the architect of record and are
responsible to the same extent as if you prepared ((by that
architect)) the drawings or specifications yourself.
Without exception, these stamping requirements ((for
architects)) apply to all work ((prepared)) filed with public
authorities you prepare or ((supervised by the architect))
review, or that is prepared under your personal supervision by
persons under your direction and control, regardless ((of))
whether the work is exempt from the licensing requirements
found in RCW 18.08.410.
(3) The term "signature" or "signed" as used in chapters 18.08 RCW and/or 308-12 WAC, means the following:
(a) A handwritten identification or a digital representation of your handwritten identification that represents the act of putting your name on a document to attest to its validity. The handwritten or digital identification must be:
(i) Original and written by hand, or a scanned image of an original, handwritten identification;
(ii) Permanently affixed to the document(s) being certified;
(iii) Applied to the document by the identified licensee;
(iv) Placed adjacent to the seal/stamp of the licensee.
(b) A digital identification that is an electronic authentication process attached to or logically associated with an electronic document. The digital identification may include a scanned or digitized signature. The digital identification must be:
(i) Unique to the licensee using it;
(ii) Capable of independent verification;
(iii) Under the exclusive control of the licensee using it.
[Statutory Authority: RCW 18.96.060. 07-05-040, § 308-12-081, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.08.340. 02-11-082, § 308-12-081, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 18.08.340 and 18.08.350 (3)(a). 86-04-088 (Order PL 579), § 308-12-081, filed 2/5/86. Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-081, filed 10/17/85. Statutory Authority: RCW 18.08.130. 83-04-071 (Order PL 422), § 308-12-081, filed 2/2/83.]
(2) In addition to the application for certificate of authorization, the corporation or joint stock association will file with the board the documentation and information specified in RCW 18.08.420.
(3) The designated architect responsible for the practice of architecture by said corporation shall be regularly employed in that office having direct knowledge and supervisory control of such work. No individual will be the designated architect at more than one place of business or one company at any one time.)) If your business offers architectural services in Washington state, you must apply for and be granted a certificate of authorization from the board.
(1) To apply for a certificate of authorization, register your business with the department of licensing master license service by submitting:
(a) The certificate of authorization application and fee. The application fee is not refundable.
(b) A certified copy of a resolution, if a corporation, or a formal statement naming the designated architect(s) of your business. In lieu of a certified copy of the resolution, the board will accept a formal statement in a documented format provided by the board.
(2) The designated architect(s):
(a) Is responsible for the practice of architecture by your business and provides the full authority to make all final architectural decisions on behalf of your business with respect to work performed by your business in Washington.
(b) Is responsible for the practice of architecture by your business and must be regularly employed in the office having direct knowledge and supervisory control of such work.
(c) Must not be the designated architect at more than one business at any one time.
(3) If your business changes designated architects, you must notify the board on a form provided by the board of the new designated architect within thirty days of the effective date of the change.
(4) Your architect certificate of authorization renewal is due annually. The expiration date is the same as your renewal date for your business registration from Washington's secretary of state's office or department of licensing's master licensing service. The department will send a courtesy renewal notice.
(5) You must notify the board in writing of any address changes.
[Statutory Authority: RCW 18.08.340. 02-11-082, § 308-12-085, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 18.08.420. 87-19-095 (Order PM 676), § 308-12-085, filed 9/17/87. Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-085, filed 10/17/85.]
(a) Recuse him or herself from the board discussion regarding the specific transaction;
(b) Recuse him or herself from the board vote on the specific transaction; and
(c) Refrain from attempting to influence the remaining board members in their discussion and vote regarding the specific transaction.
(2) The prohibition against discussion and voting set forth in subsection (1)(a) and (c) of this section shall not prohibit the member of the board from using his or her general expertise to educate and provide general information on the subject area to the other members.
(3)(((a))) "Transaction involving the board":
(a) Means a proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other similar matter that the member in question believes, or has reason to believe:
(i) Is, or will be, the subject of board action; or
(ii) Is one to which the board is or will be a party; or
(iii) Is one in which the board has a direct and substantial proprietary interest.
(b) (("Transaction involving the board")) Does not
include the following:
Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by a member; or a claim, case, lawsuit, or similar matter if the member did not participate in the underlying transaction involving the board that is the basis for the claim, case, or lawsuit. Rule making is not a "transaction involving the board."
(4) "Board action" means any action on the part of the board, including, but not limited to:
(a) A decision, determination, finding, ruling, or order; and
(b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order.
(5) The following are examples of possible scenarios
related to board member rules of conduct(( -- Activities
incompatible with public duties -- Financial interests in
transactions)).
(a) EXAMPLE 1:
The state board for architects disciplines licensed architects in Washington. The board is conducting an investigation involving the services provided by a licensed architect. One of the members of the board is currently serving a subcontractor to that architect on a large project. The board member must recuse himself or herself from any board investigation, discussion, deliberation and vote with respect to disciplinary actions arising from licensed architect services.(b) EXAMPLE 2:
The state board for architects makes licensing decisions on applications for licensure. An applicant for licensure owns a school construction business which employs licensed architects, including one of the board members. The board member must recuse himself or herself from any board investigation, discussion, deliberation and vote with respect to his employer's application for licensure.(c) EXAMPLE 3:
The state board for architects makes licensing decisions on applications from registered architects in another state or territory of the United States, the District of Columbia, or another country. The board can grant licensure if that individual's qualifications and experience are equivalent to the qualifications and experience required of a person registered under Washington law. An out-of-state applicant is employed as an architect by a multinational corporation that is planning to build its world headquarters in Washington and has hired a board member's firm as the architect for the project. The board member must recuse himself or herself from any board investigation, discussion, deliberation and vote with respect to the sufficiency of the out-of-state architect's qualifications and experience.(6) Recusal disclosure. If recusal occurs pursuant to this rule, the member of the board shall disclose to the public the reasons for his or her recusal from any board action whenever recusal occurs. The board staff shall record each recusal and the basis for the recusal.
[Statutory Authority: RCW 18.96.060. 07-05-040, § 308-12-111, filed 2/15/07, effective 3/18/07.]
(2) Practical architectural work experience -- Practical work experience performing activities involved in the practice of architecture, as defined in RCW 18.08.320, under the direct supervision of an architect. The board may approve similar practical work experience for full or partial credit and will accept intern development program experience as defined in the IDP training guidelines.
(3) Intern development program (IDP) -- A structured internship training program designed to provide a profession-wide, comprehensive program that contributes to the development of competent architects. IDP consists of training requirements that must be satisfied in order to complete the program. The National Council of Architectural Registration Boards (NCARB) maintains and validates the continuing, comprehensive record of internship training.
(4) The title "intern architect" may be used while enrolled in the structured intern program recognized by the board, in WAC 308-12-025(2), and working under the direct supervision of a licensed architect.
(5))) (1) "Architect of record" is the architect whose name appears on the building permit.
(2) "ARE" or "examination" means the architect registration examination written and administered by NCARB.
(3) "Building" means "structure" as defined in RCW 18.08.320.
(4) "Direct supervision(( -- The))," as in the phrase((,))
"under the direct supervision of an architect," as used in
connection with architectural work experience for
qualification and eligibility for the examination shall refer
to any of the following conditions or situations((.)):
(a) The supervising architect is an employer who is knowledgeable of the performance and competence of the applicant.
(b) The supervising architect works for the same employer as the applicant, and is either the direct superior of the applicant, or a co-worker knowledgeable and responsible for the efforts of the applicant.
(((6) Design-build -- A means of providing design and
construction services in which a single entity is responsible
for both services.
(7) Review -- A continuous process of examination, evaluation, and direction throughout the development of the documents, which includes the ability to control the final product.
(8) Construction-related experience -- Work on a construction site in any of the construction-related trades, including, but not limited to, carpentry, laboring, electrical, plumbing, sheet metal and roofing. Work in the construction office, including, but not limited to, estimating or construction administration.
(9))) (c) The supervising architect is licensed in an NCARB-recognized jurisdiction.
(5) "Entire examination" as referred to in RCW 18.08.360(3) means all divisions of the ARE.
(6) "Institution of higher education" as used in RCW 18.08.320 means a college or school recognized by the National Architectural Accreditation Board (NAAB) as having accredited programs in architecture.
(7) "Intern development program" or "IDP" is a structured internship training program designed to provide a profession-wide, comprehensive program that contributes to the development of competent architects.
(8) "NCARB" means the National Council of Architectural Registration Boards, of which the Washington board is a member.
(9) "Practical architectural work experience" means performing activities involved in the practice of architecture, as defined in RCW 18.08.320 and meeting the criteria in RCW 18.08.350.
(10) Professional development equivalents:
(a) One professional development hour (PDH) is equal to no less than fifty minutes of instruction.
(b) For professional development through an institution of higher education:
(i) One semester hour equals forty-five PDH.
(ii) One quarter hour equals thirty PDH.
(11) "Technical submission" means designs, drawings, specifications, studies, and other technical documents prepared in the course of practicing architecture.
[Statutory Authority: RCW 18.96.060. 07-05-040, § 308-12-115, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.08.340. 02-11-082, § 308-12-115, filed 5/14/02, effective 6/14/02; 98-20-061, § 308-12-115, filed 10/2/98, effective 11/2/98; 91-12-061, § 308-12-115, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 18.08.320. 87-19-095 (Order PM 676), § 308-12-115, filed 9/17/87. Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-115, filed 10/17/85.]
(1) To obtain retired status, submit a request in writing to the board office. If the board determines you are eligible, the retired status would become effective on the first scheduled license renewal date that occurs on or after you reach age sixty-five. You do not need to renew an expired license to be eligible for this status. The board will not provide refund of renewal fees if the application for retired status is made and granted before the expiration date of the license.
(2) Privileges. In addition to the waiver of the renewal fee, as a retired licensee, you are permitted to:
(a) Retain the board-issued wall certificate of licensure;
(b) Use the title "architect," provided you also use the term "retired," the abbreviation "ret," "emeritus architect," or similar language in written or verbal communications to indicate you are no longer in active practice;
(c) Provide experience verifications and references for persons seeking licensure under chapter 18.08 RCW. If using your professional seal, you must place the word "retired" or "emeritus" after your signature;
(d) Provide services as a technical expert before a court, or in preparation for pending litigation, on matters directly related to architectural work you performed before you were granted retired status;
(e) Serve in an architectural capacity as a "good Samaritan," as set forth in RCW 38.52.195 and 38.52.1951, provided said work is otherwise performed in accordance with chapter 18.08 RCW.
(3) Restrictions. As a retired licensee, you are not permitted to:
(a) Perform any architectural activity, as provided for in chapter 18.08 RCW, unless said activity is under the direct supervision of a Washington state licensed architect who has an active license in the records of the board;
(b) Apply your professional stamp, as provided for in RCW 18.08.370, to any drawing, specification, or report, except as provided for in subsection (2)(c) of this section.
(4) Certificate of licensure reinstatement. As a retired licensee, you may resume active architectural practice upon written request to the board and payment of the current renewal fee. At that time, you shall be removed from retired status and placed on active status in the records of the board. All rights and responsibilities of an active license status will be in effect. At the date of expiration of the reinstated certificate of licensure, you may choose to either continue active licensure or may again apply for retired status in accordance with the provisions of this chapter.
(5) Exemptions. Under no circumstances shall you be eligible for a retired licensure if your certificate of licensure has been revoked, surrendered, or in any way permanently terminated by the board under chapter 18.08 RCW. If you have been suspended from practice and/or are subject to terms of a board order at the time you reach age sixty-five, you shall not be eligible for retired status until such time that the board has removed the restricting conditions.
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Under inactive status, you are not permitted to perform any architectural activity, as provided for in RCW 18.08.320, unless said activity is under the direct supervision of a Washington state licensed architect who has an active license in the records of the board.
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(a) A letter of application requesting reactivation;
(b) The current renewal fee;
(c) Evidence of completion of twenty-four PDH within the previous two years. See WAC 308-12-260 for qualifying activities.
(2) If you are returning to active status after five years of inactive status, send to the department:
(a) A letter of application requesting reinstatement;
(b) The current renewal fee plus the late penalty fee;
(c) A review of Washington's laws and rules relating to the practice of architecture;
(d) Evidence of completion of thirty-six PDH within the previous three years. See WAC 308-12-260 for qualifying activities.
[Statutory Authority: RCW 18.08.340. 02-11-082, § 308-12-240, filed 5/14/02, effective 6/14/02; 97-03-121, § 308-12-240, filed 1/21/97, effective 2/21/97.]
(2) The PDH you accumulate are subject to audit by the board.
(3) Up to twelve PDH over the required hours can be carried forward from the second year of your previous renewal period.
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(a) Activities are not preapproved by the board.
(b) Activities must be relevant to the practice of architecture and may include technical, ethical or managerial content.
(i) At least sixteen PDH must address public health, safety and welfare.
(ii) All activities must have a clear purpose and objective that will maintain, improve or expand skills and knowledge relevant to the practice of architecture.
(2) The board is the final authority with respect to claimed qualifying activities and the respective PDH credit.
(3) The qualifying activity becomes eligible for credit upon completion of the given activity.
(4) Examples of qualifying activities:
| Sample Activities (one PDH is equal to no less than fifty minutes of activity) | Maximum Per Renewal Cycle | |
| One hour of preparation and subsequent presentation per subject of a professional development program at seminars, professional/technical meetings, conventions or conferences. This credit does not apply to full-time faculty. | 16 PDH | |
| For publication or presentation of an authored technical paper or article. | 8 PDH | |
| For publication or presentation of an authored book. | 8 PDH | |
| Serving as an elected officer or appointed member for one of the following: | 8 PDH | |
| • | A committee in a professional society or organization; | |
| • | A professional board or commission; | |
| • | A regulatory board for the practice of architecture. | |
| Up to four PDH shall be earned upon the completion of each year of service per organization. | ||
| Professional examination grading or writing: Serving as an exam grader or on a committee writing exam materials for a professional licensure examination. | 8 PDH | |
| One hour of attendance at meetings or hearings of the board. This credit does not apply to existing board members or to parties or witnesses in hearings before the board. | 8 PDH | |
| One hour of work, outside normal duties of employment that involves participation in other recognized professional activities. | 4 PDH | |
| One hour of self-study relevant to the practice of architecture. | 8 PDH | |
| One hour of participation in organized courses relevant to the practice of architecture, including those provided by your employer, trade organizations, technical or professional societies, or the board. | No limit | |
| One hour of attendance at professional or technical society meetings with an informational program. | 8 PDH | |
| Pro bono service that has a clear purpose and objective and maintains, improves, or expands the professional knowledge or skill of the registrant. Four hours of service is equal to one PDH. | 8 PDH | |
| One hour of participation in an activity involving substantial and organized peer interaction, excluding time spent during regular employment. | 8 PDH | |
(a) Activities that were conditions of a board order;
(b) Attendance or testimony at legislative hearings, at city or county council meetings/hearings, or at civil or criminal trials;
(c) Time spent fund-raising for scholarships or other society purposes or lobbying for legislation;
(d) Attendance at gatherings that are primarily social in nature;
(e) Membership and/or attendance in service club meetings.
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(2) You must keep your records for the cumulative time in the current renewal period plus the three years before the last renewal (five years total).
(3) By renewing your professional architect license, you attest you have completed the required professional development for that renewal period.
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(2) You may face disciplinary action for failing to complete your professional development requirement or falsifying your records.
(3) If an audit disqualifies credits that you reported to the board and results in you failing to complete the PDH requirements, the board may require the shortage to be made up over a period of time established by the board.
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(a) Physical disability, prolonged illness, or other extenuating circumstances that pose a personal hardship, as determined by the board.
(b) Active military duty for at least one hundred twenty days.
(2) You are exempted from the professional development requirements if you withdraw from active practice and place your license in inactive or retired status.
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(2) The renewal period for architects is two years.
(3) Assessment of delinquent fees will be based on the number of years delinquent multiplied by one-half of the two-year renewal fee or the fee for one year.
(4) A registrant who fails to pay a renewal fee for a period of five years or more may be reinstated upon payment of all delinquent renewal fees and a penalty fee. Assessment of delinquent fees will be based on the number of years delinquent multiplied by one-half of the two-year renewal fee or the fee for one year. In addition to the payment of delinquent fees and a penalty fee the registrant shall submit the following:
(a) A summary of the current law and rules governing architects.
(b) A professional resume of architectural activities during the delinquent period, in sufficient detail to demonstrate to the board maintenance of minimum skills.
(c) A detailed explanation of the circumstances surrounding the reason the license was allowed to expire.
The board may require additional evidence as needed to verify minimum competency and qualifications. The registrant may be required to appear before the board or a representative member thereof where questions of competency remain.
(5) Registrants who withdraw from the practice of architecture, and exceed five years in an inactive status, shall request reinstatement in writing to the board and shall submit the following:
(a) A summary of the current law and rules governing architects.
(b) A professional resume of architectural activities during the delinquent period, in sufficient detail to demonstrate to the board maintenance of minimum skills.
(c) A detailed explanation of the circumstances surrounding the reason the license was in an inactive status for more than five years.
The board may require additional evidence as needed to verify minimum competency and qualifications. The registrant may be required to appear before the board or a representative member thereof where questions of competency remain.)) The architect license renewal period is two years. Your expiration date is your birthday. The department will send a courtesy renewal notice. You must notify the board in writing of any address changes.
You are responsible for renewing your license regardless of receiving a renewal notice from the department. If you fail to renew your license, your license is delinquent and you are prohibited from offering and/or providing professional architect services until your license is reinstated.
(1) If your license has been delinquent less than two years, send to the department:
(a) A letter requesting reinstatement, including certification of having met current professional development requirements; and
(b) The current renewal fee plus the late penalty fee.
(2) If your license has been delinquent over two years but less than five years, send to the department:
(a) A letter requesting reinstatement, including certification of having met current professional development requirements; and
(b) Payment from the previous renewal cycle, the current renewal fee, and the late penalty fee.
(3) If your license has been delinquent five or more years, send to the department:
(a) A letter of application requesting reinstatement;
(b) Payment from all previous renewal cycles, the current renewal fee, and the late penalty fee;
(c) A review of Washington's laws and rules relating to the practice of architecture; and
(d) Evidence of completion of thirty-six PDH within the previous three years. See WAC 308-12-260 for qualifying activities.
(4) If your license has been delinquent five or more years, the board will review all of your reinstatement materials. They may request additional information if necessary.
[Statutory Authority: RCW 18.96.060. 07-05-040, § 308-12-320, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.08.340. 02-11-082, § 308-12-320, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 18.08.430 (1) and (2), 43.24.086 and 43.24.140. 99-08-062, § 308-12-320, filed 4/2/99, effective 5/3/99. Statutory Authority: RCW 18.03.350. 97-06-064, § 308-12-320, filed 2/27/97, effective 3/30/97. Statutory Authority: RCW 18.08.430. 90-17-097, § 308-12-320, filed 8/21/90, effective 9/21/90. Statutory Authority: RCW 18.08.130. 85-05-010 (Order PL 517), § 308-12-320, filed 2/11/85; 83-04-071 (Order PL 422), § 308-12-320, filed 2/2/83; Order PL 262, § 308-12-320, filed 1/13/77.]
| Title of Fee | Fee | |
| Individuals: | ||
| Examination application | $50.00 | |
| Reciprocity application | 250.00 | |
| Initial licensure | 75.00 | |
| License renewal (2 years) | 75.00 | |
| Late renewal penalty | 25.00 | |
| Duplicate license | 15.00 | |
| Business entities: | ||
| Certificate of authorization | 100.00 | |
| Certificate of authorization renewal | 50.00 | |
(2) The following fees shall be charged by the business and professions division of the department of licensing:
| Title of Fee | Fee | |
| Examination application | $100.00 | |
| Reciprocity application | 390.00 | |
| Initial (( |
99.00 | |
| (( |
||
| 99.00 | ||
| Late renewal penalty | 33.00 | |
| (( |
||
| Duplicate license | 15.00 | |
| (( |
||
| Certificate of authorization | 278.00 | |
| Certificate of authorization renewal | 139.00 | |
[Statutory Authority: RCW 18.08.430 (1) and (2), 43.24.086 and 43.24.140. 99-08-062, § 308-12-326, filed 4/2/99, effective 5/3/99. Statutory Authority: RCW 43.24.086. 98-12-064, § 308-12-326, filed 6/1/98, effective 7/2/98. Statutory Authority: RCW 43.24.086. 97-13-095, § 308-12-326, filed 6/18/97, effective 7/19/97. Statutory Authority: RCW 18.03.350. 97-06-064, § 308-12-326, filed 2/27/97, effective 3/30/97. Statutory Authority: RCW 18.08.340 and 18.08.370. 91-13-055, § 308-12-326, filed 6/14/91, effective 7/15/91. Statutory Authority: RCW 43.24.086. 90-03-032, § 308-12-326, filed 1/12/90, effective 2/12/90; 87-10-028 (Order PM 650), § 308-12-326, filed 5/1/87.]
(( (a) When practicing architecture, ((an architect)) you
must act with reasonable care and competence, and must apply
the technical knowledge and skill which is ordinarily applied
by architects of good standing, practicing in the same
locality.
(b) When designing a project, ((an architect)) you must
take into account all applicable state and municipal building
laws and regulations. ((An architect)) You may rely on the
advice of other professionals (e.g., attorneys, engineers, and
other qualified persons) as to the intent and meaning of such
regulations. ((An architect)) You must not knowingly design a
project in violation of such laws and regulations.
(c) ((An architect)) You must perform professional
services only when ((the architect)) you, together with those
((whom the architect)) you may engage as consultants, are
qualified by education, training, and experience in the
specific technical areas involved.
(d) ((No person)) You will not be permitted to practice
architecture if, in the board's judgment, ((such person's))
your professional competence is substantially impaired by
physical or mental disabilities.
(2) Conflict of interest.
(a) ((An architect)) You must not accept compensation for
services from more than one party on a project unless the
circumstances are fully disclosed and agreed to in writing by
all interested parties.
(b) ((The architect)) You must fully disclose in writing
to ((the)) your client or employer the nature of any business
association or direct or indirect financial interest which is
substantial enough to influence ((the architect's)) your
judgment in connection with the performance of professional
services. If ((the)) your client or employer objects to such
association or financial interest, ((the architect will)) you
must either terminate such association or interest or offer to
give up the commission or employment.
(c) ((An architect)) You must not solicit or accept
compensation from material or equipment suppliers in return
for specifying or endorsing their products.
(d) When acting as the interpreter of building contract
documents and the judge of contract performance, ((an
architect)) you must render decisions impartially, favoring
neither party to the contract.
(3) Full disclosure.
(a) ((An architect)) You must disclose any compensation
received for making public statements on architectural
questions.
(b) ((An architect)) You must accurately represent
qualifications and scope of responsibility to prospective or
existing clients or employers for work for which ((the
architect is)) you are claiming credit.
(c) In the course of work on a project, if ((an
architect)) you become((s)) aware of a decision made by
((the)) your employer or client, against ((the architect's))
your advice, which violates applicable state or municipal
building laws and regulations and which will, in ((the
architect's)) your judgment, materially and adversely affect
the safety to the public of the finished project((, the
architect must)):
(i) You must report the decision to the local building
inspector or other public official charged with the
enforcement of the applicable state or municipal building laws
and regulations, (((ii))) refuse to consent to the decision,
and (((iii))) terminate services on the project when ((the
architect)) you reasonably believe((s that)) decisions will be
made against ((the architect's)) your objection. In the case
of a termination in accordance with (c)(((iii)))(i) of this
subsection, ((the architect)) you shall have no liability to
((the)) your client or employer because of such termination.
(((iv) An architect)) (ii) You must not deliberately make
a materially false statement or deliberately fail to disclose
a material fact in connection with ((the)) your application
for registration or renewal.
(((v) An architect)) (iii) You must not assist a person
in applying for registration when ((the architect)) you
know((s)) the applicant is unqualified in education, training,
experience, or character.
(((vi) An architect possessing)) (iv) If you possess
knowledge of a violation of these rules by another architect,
you must report such knowledge to the board.
(4) Compliance with laws.
(a) ((An architect)) You must not, in the conduct of
architectural practice, knowingly violate any state or federal
criminal law.
(b) ((An architect)) You must not offer or make any
payment or gift to a government official (whether elected or
appointed) with the intent of influencing the official's
judgment in connection with a prospective or existing project
in which ((the architect is)) you are interested.
(c) ((An architect)) You must comply with the
registration laws and regulations governing ((his or her))
your professional practice.
(5) Professional conduct.
(a) An office maintained for the purpose of providing architectural services must have an architect resident regularly employed in that office with direct knowledge and supervisory control of such work.
(b) ((An architect)) You must not offer or provide any
gifts, other than gifts of nominal value (including, for
example, reasonable entertainment and hospitality), with the
intent of influencing the judgment of an existing or
prospective client in connection with a project in which ((the
architect is)) you are interested.
(c) ((An architect)) You must not engage in conduct
involving fraud or wanton disregard of the rights of others.
[Statutory Authority: RCW 18.08.340. 02-11-082, § 308-12-330, filed 5/14/02, effective 6/14/02.]
(1) You are a United States government employee or officer engaged in architectural activities solely for said government and you are currently licensed in any U.S. jurisdiction.
(2) You are an instructor at an accredited architectural degree program in architecture engaged solely in teaching activities and you are currently licensed in any U.S. jurisdiction.
(3) You are offering to practice architecture as defined in RCW 18.08.310(2), including participation in design competition.
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(1) RCW 18.08.410(5) grants exemption for any person to design and prepare construction documents for any residential building, regardless of area, up to but not greater than four dwelling units; or a farm building; or a structure as described in RCW 18.08.410(5).
(2) RCW 18.08.410(6) grants exemption for any person to design a building of any occupancy for up to a total building size of four thousand square feet.
(3) RCW 18.08.410(7) grants exemption for any person to design and prepare construction documents for alteration of, or repairs to, a project not greater than four thousand square feet and when the contemplated work does not affect life safety or structural systems. The combined square footage of simultaneous projects allowances under this section shall not exceed four thousand square feet.
(4) Life safety is affected if the work contemplated includes, but is not limited to:
(a) Alteration of any fire rated construction;
(b) Alteration of any means of egress including barrier free provisions defined by the building codes;
(c) Alteration of a building such that the number of occupants in the affected space(s) would be increased.
(5) Project size is defined as the cumulative square footage of all spaces that contain altered construction in the design under consideration.
(6) Simultaneous projects are projects which have an open permit in the same building, designed or prepared by nonarchitects, the total of which may not exceed four thousand square feet.
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The following sections of the Washington Administrative
Code are recodified as follows:
| Old WAC Number | New WAC Number |
| 308-12-111 | 308-12-016 |
| 308-12-115 | 308-12-005 |
| 308-12-180 | 308-12-345 |
| 308-12-190 | 308-12-350 |
| 308-12-230 | 308-12-355 |
| 308-12-320 | 308-12-215 |
| 308-12-326 | 308-12-205 |
The following sections of the Washington Administrative Code are repealed:
| WAC 308-12-040 | Appeal of examinations. |
| WAC 308-12-080 | Approved schools of architecture. |
| WAC 308-12-150 | Work experience defined. |